(PC) Cruz v. Ostrander, et al.

Filing 42

ORDER DENYING 22 Plaintiff's Motion to Appoint Counsel signed by Magistrate Judge Jennifer L. Thurston on 6/3/2021. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO TRUJILLO CRUZ, 12 Plaintiff, 13 14 v. 1:19-cv-00994-AWI-JLT (PC) ORDER DENYING PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL LT. J. OSTRANDER, S. SAVOIE, 15 Defendants. (Doc. 22) 16 17 18 On December 3, 2020, Plaintiff filed a motion seeking the appointment of counsel. (Doc. 22.) 19 Plaintiff does not have a constitutional right to appointed counsel in this action, Rand v. 20 Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997), and the Court cannot require an attorney to 21 represent Plaintiff pursuant to 28 U.S.C. § 1915(e)(1). Mallard v. U.S. Dist. Ct. for the S. Dist. of 22 Iowa, 490 U.S. 296, 298 (1989). The Court may request the voluntary assistance of counsel under 23 section 1915(e)(1). Rand, 113 F.3d at 1525. However, without a reasonable method of securing 24 and compensating counsel, the Court will seek volunteer counsel only in the most serious and 25 exceptional cases. In determining whether exceptional circumstances exist, the district court must 26 evaluate both the likelihood of success of the merits and the ability of the plaintiff to articulate his 27 claims pro se in light of the complexity of the legal issues involved. Id. 28 /// 1 In the present case, the Court does not find the required exceptional circumstances. Even 2 assuming that Plaintiff is not well-versed in the law and that he has made serious allegations, 3 which, if proved, would entitle him to relief, his case is not exceptional. This Court is faced with 4 similar cases almost daily. At this stage in the proceedings, the Court cannot determine whether 5 Plaintiff is likely to succeed on the merits. Moreover, based on a review of the record, the Court 6 finds that Plaintiff can articulate his claims adequately. Id. 7 8 For the foregoing reasons, the Court DENIES Plaintiff’s motion for the appointment of counsel. (Doc. 22.) 9 10 11 IT IS SO ORDERED. Dated: June 3, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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